Document Updates: Nonrecurring Intangible Tax Language Added to Florida Security Instruments

Oct 29, 2025

Topics: Document Updates

The Fannie Mae Instructions to Form 3010 (Florida Uniform Instrument) have been updated to allow for nonrecurring intangible taxes verbiage.

Instruction 13 states:

Lenders MAY add the following language (at the end of the document or in an attached rider) when the document is used for a refinance transaction and the amount of the refinance mortgage is less than or equal to the sum of the unpaid principal balance of the original mortgage obligation and accrued (but unpaid) interest:

Pursuant to Section 199.145(4)(a), Florida Statutes, no additional nonrecurring intangible tax is due. This Mortgage is given in connection with the refinancing of an obligation secured by an existing mortgage, recorded in Official Records Book __________, Page ______, Public Records of ______________________ County, Florida, from the Mortgagor hereunder to the Mortgagee hereunder, or to the assignor of the Mortgagee hereunder. As of the date of the refinancing, the unpaid principal balance of the original obligation, plus accrued but unpaid interest, secured by the existing mortgage, is equal to $___________________. The principal balance of the new obligation secured by this Mortgage is $____________________, which amount, as of the refinancing, is less than or equal to the unpaid principal balance of the original obligation, plus accrued but unpaid interest.

Instruction 14 states:

Lenders MAY add the following language (at the end of the document or in an attached rider) when the document is used for a refinance transaction and the amount of the refinance mortgage is greater than the sum of the unpaid principal balance of the original mortgage obligation and accrued (but unpaid) interest:

Pursuant to Section 199.145(4)(b), Florida Statutes, additional nonrecurring intangible tax is due. This Mortgage is given in connection with the refinancing of an obligation secured by an existing mortgage, recorded in Official Records Book __________, Page ______, Public Records of ______________________ County, Florida, from the Mortgagor hereunder to the Mortgagee hereunder, or to the assignor of the Mortgagee hereunder. As of the date of the refinancing, the unpaid principal balance of the original obligation, plus accrued but unpaid interest, secured by the existing mortgage, is equal to $___________________. The principal balance of the new obligation secured by this Mortgage is $____________________, which amount represents, as of the refinancing, the excess of the unpaid principal balance of the original obligation, plus accrued but unpaid interest. Notwithstanding anything to the contrary contained in the foregoing, if the obligor under the new obligation is not liable to the obligee under the new obligation secured by this Mortgage, then the additional nonrecurring intangible tax shall be computed on the entire principal balance of the new obligation.

Docutech has updated the following documents to include nonrecurring intangible tax language options:

  • Cx25288 - 3010 FL Mortgage 2021
  • Cx26125 - FHA FL Mortgage 2021
  • Cx476 - FL Mortgage Second
  • Cx1383 - HELOC Mortgage - FL

A new Field 193871 “Print Florida Nonrecurring Intangible Tax Language Type” has been created, which includes the following options:

  • 1 = None
  • 2 = No Additional Tax Due
  • 3 = Additional Tax Is Due

Per F.S.A. § 199.145(4), when a loan is a refinance of an existing obligation through the original lender or its assignee, text can now trigger on a Florida mortgage to indicate that:

  • no new nonrecurring intangible tax is due (when field option “No Additional Tax Due” is selected, Instruction 13 language will print), or
  • the new nonrecurring intangible tax is only due on the amount over the loan balance being refinanced (when field option “Additional Tax Is Due” is selected, Instruction 14 language will print).
  • If the nonrecurring intangible tax language is not applicable (when field option “None” is selected) no version of nonrecurring intangible tax language will print.

If any nonrecurring intangible tax language prints, the text will appear between the last notary acknowledgment and the NMLS information on the mortgage.

These changes are available for testing on Stage & Stage 2 servers and will take effect on November 5, 2025. If you have any questions or concerns about these changes, please contact Client Support at 1.800.497.3584.

COM-6693
DR-199671
 
The preceding is for informational purposes only and is not and may not be construed as legal advice. No third-party entity may rely upon anything contained herein when making legal and/or other determinations regarding its practices and such third-party should consult with an attorney prior to embarking upon any specific course of action.
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The preceding is for informational purposes only and is not and may not be construed as legal advice. No third-party entity may rely upon anything contained herein when making legal and/or other determinations regarding its practices, and such third party should consult with an attorney prior to embarking upon any specific course of action.